Perhaps no kind of regulation is more common or less useful than mandated disclosure-requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the ...doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well.More Than You Wanted to Knowsurveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices?
Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite.
Timely and provocative,More Than You Wanted to Knowtakes on the form of regulation we encounter daily and asks why we must encounter it at all.
InWars of Law, Tanisha M. Fazal assesses the unintended consequences of the proliferation of the laws of war for the commencement, conduct, and conclusion of wars over the course of the past one ...hundred fifty years.
After a brief history of the codification of international humanitarian law (IHL), Fazal outlines three main arguments: early laws of war favored belligerents but more recent additions have constrained them; this shift may be attributable to a growing divide between lawmakers and those who must comply with IHL; and lawmakers have been consistently inattentive to how rebel groups might receive these laws.
By using the laws of war strategically, Fazal suggests, belligerents in both interstate and civil wars relate those laws to their big-picture goals. InWars of Law, we learn that, as codified IHL proliferates and changes in character-with an ever-greater focus on protected persons-states fighting interstate wars become increasingly reluctant to step over any bright lines that unequivocally oblige them to comply with IHL. On the other hand, Fazal argues, secessionists fighting wars for independence are more likely to engage with the laws of war because they have strong incentives to persuade the international community that, if admitted to the club of states, they will be good and capable members of that club.
Why have states stopped issuing formal declarations of war? Why have states stopped concluding formal peace treaties? Why are civil wars especially likely to end in peace treaties today? Addressing such basic questions about international conflict, Fazal provides a lively and intriguing account of the implications of the laws of war.
How do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, the author uncovers how colonial administrators, postcolonial governments and international ...aid agencies have used legal tools and resources to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Tracing the dramatic development of three forms of legal politics - colonial, authoritarian and humanitarian - this book contributes to a growing body of scholarship on law in authoritarian regimes and on human rights and legal empowerment programs in the Global South. Refuting the conventional wisdom of a legal vacuum in failed states, this book reveals how law matters deeply even in the most extreme cases of states still fighting for political stability.
Proportionality is a ubiquitous concept in law. While mostly associated with fundamental rights review, it also plays an important role in private law. In this context, proportionality requirements ...can be the result of both traditional private law reasoning and the influence of constitutional law. The present volume aims to explore different forms and functions of proportionality in selected private law contexts and jurisdictions. The contributions cover constitutional and theoretical underpinnings of proportionality's role in private law as well as specific examples of how proportionality affects private law in different areas and across different jurisdictions. They include perspectives on German and US-American private, procedural, and constitutional law as well as a special focus on the European dimension.
New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of ...forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies.
In Islamic Law in Past and Present, the lawyer and Islamicist Mathias Rohe offers a comprehensive study of Islamic law, law reforms and law in action with a particular focus on modern developments in ...the Islamic world, India, Canada and Germany.
Dieser Open Access Band bietet sowohl deutsch- als auch italienischsprachige Beiträge zu wesentlichen Bereichen des gewerblichen Rechtsschutzes und des Urheberrechts aus der Sicht des deutschen, ...italienischen und österreichischen Rechts sowie zum TRIPS-Abkommen samt einem Blick auf das vorläufig in Kraft getretene Handelsabkommen zwischen Kanada und der Europäischen Union (CETA). Ein Schwerpunkt ist Schadenersatzansprüchen aus der Verletzung von Immaterialgüterrechten gewidmet, wobei die bei grenzüberschreitenden Sachverhalten auftretenden Fragen der internationalen Gerichtszuständigkeit und des Kollisionsrechts speziell behandelt werden. Darüber hinaus werden Bezüge zum italienischen Verfassungsrecht sowie zum europäischen Wettbewerbsrecht hergestellt und auch wirtschaftsstrafrechtliche Aspekte angesprochen. Schließlich wird ein Ausblick auf die zukünftige Entwicklung des internationalen Immaterialgüterrechts in der Europäischen Union gegeben. Ausgangspunkt für das Buch bildete der vom Internationalen Forum für Wirtschaftsrecht getragene 1. Bozner Wirtschaftsrechtstag, bei dem besonderes Augenmerk auf die Berührung des deutschsprachigen Rechts- und Wirtschaftsraumes mit dem italienischen gelegt wird.
This is a book about the improbable: seeking legal relief for pollution in contemporary China. In a country known for tight political control and ineffectual courts, Environmental Litigation in China ...unravels how everyday justice works: how judges make decisions, why lawyers take cases, and how international influence matters. It is a readable account of how the leadership's mixed signals and political ambivalence play out on the ground - propelling some, such as the village doctor who fought a chemical plant for more than a decade, even as others back away from risk. Yet this remarkable book shows that even in a country where expectations would be that law wouldn't much matter, environmental litigation provides a sliver of space for legal professionals to explore new roles and, in so doing, probe the boundary of what is politically possible.
